MétaCan
Menu
Back to cohort
Record W1536389663

GAAR and Corporate Governance: Will the Stick Do the Trick?

2012· article· en· W1536389663 on OpenAlexaboutno aff
Tarun Jain

Bibliographic record

VenueSSRN Electronic Journal · 2012
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCorporate Taxation and Avoidance
Canadian institutionsnot available
Fundersnot available
KeywordsTax avoidanceCorporate governanceCorporate taxAccountingLaw and economicsBusinessShareholderLegislatureDouble taxationPublic economicsPolitical scienceEconomicsLawFinance
DOInot available

Abstract

fetched live from OpenAlex

With the objective of tax-minimization towards increasing shareholder return, tax-avoidance strategies are being frequently employed by corporations especially multinationals. In the wake of increasing evidence of corporate collapses linked with tax-avoidance maneuvers, both economic and legal experts have revisited the role of anti-avoidance rules as a measure to promote corporate tax-compliance. While few countries are satiated with the judicially enforced doctrines countering tax-avoidance, the recent trend is to legislature the anti-avoidance rules for empowering tax-administrations to challenge abusive and tax-motivated transactions. The case of India is no different which has introduced general anti-avoidance rules or ‘GAAR’ in the direct tax law permitting the tax-administration to counter ‘impermissible avoidance arrangements.’In the backdrop of these changes the paper makes a survey of economic and legal literature on the positioning of GAAR in tax legislations and its impact on the corporate governance standards. The idea is to present a holistic understanding of the numerous variables to explore the intertwined relationship between tax-avoidance and corporate governance and thus examine the impact of GAAR upon the prevailing corporate culture of adopting aggressive tax-positions. The success of GAAR in other jurisdictions which have fair bit of experience of their application is also examined so as to draw lessons for corporate managers. The paper examines the economic factors applicable to measure the relationship between GAAR and corporate governance but the appraisal of this relationship is undertaken predominantly in a legalistic backdrop where the idea is to draw lessons from a theoretical as well as pragmatic perspective on how GAAR abet changes in corporate decision-making styles vis-a-vis the tax considerations at play. Upon an assessment of the competing considerations and drawing lessons from Australia, Canada, New Zealand and United Kingdom in particular, the paper concludes that while GAAR will indeed act as a deterrent against opportunist tax-behaviour but may not serve as a statutory corporate governance rule as many would expect it to be.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.007
Threshold uncertainty score0.016

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0010.015
Scholarly communication0.0070.007
Open science0.0010.002
Research integrity0.0020.002
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.014
GPT teacher head0.203
Teacher spread0.189 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2012
Admission routes1
Has abstractyes

Explore more

Same venueSSRN Electronic JournalSame topicCorporate Taxation and AvoidanceFrench-language works237,207